ADVOKS GLOBAL · KENYA
Protection of Traditional Knowledge and Cultural Expressions Act
27. Application for consent
Edition: 2022-12-31 · In force
27. Application for consent
(1)Where the Cabinet Secretary is satisfied that there is need for the grant of a compulsory licence under section 12, a prospective user of traditional knowledge or cultural expressions for a non-customary use, whether for a commercial or industrial nature or not, shall apply to the Cabinet Secretary for the consent of the holders for the use of the traditional knowledge or cultural expressions.(2)An application made under subsection (1) shall—(a)be in the prescribed form;(b)specify the manner in which the applicant proposes to use the traditional knowledge or cultural expressions;(c)clearly state the purpose for which that use is intended; and(d)be accompanied by the prescribed fee.(3)The consent shall be obtained on the basis of mutually agreed terms prescribed in the regulations made under this Act.(4)Despite subsection (2) applications for access to and documentation of traditional knowledge or cultural expressions by the Cabinet Secretary or relevant County Executive Committee member shall be free of charge and may be subject to sharing of financial and other benefits arising from the use of the traditional knowledge or cultural expressions.(5)The Cabinet Secretary shall upon receipt of the application under this section consider and determine the application within sixty days from the date of receipt.(6)The Cabinet Secretary may reject an application under subsection (1) if the application does not meet the requirements prescribed under subsection (2) and Article 40(3)(b) of the Constitution.(7)If an authorization is granted under this Act, just compensation shall be paid promptly in full to the owners or holders.(8)The Cabinet Secretary shall make rules to guide the determination of just compensation.